RE: DHSC Expiry ‘clarification from Walbrook25 Nov 2021 14:57
"This bit intrigues me - both ODX and DHSC assumed an extension, but then when DHSC asked, they wouldn't confirm? To then state expired seems a bit of a jump?"
The Contract itself isn't particularly well drafted - and ODX would have had limited ability to amend it. The Contract does, in section 9, talk about an extension to the Longstop Date - but it reads as a single extension (as it doesn't specify that it can be extended more than once which you would expect it to). So I would agree with ODX's lawyers interpretation.
The good thing is that if the Contract has lapsed and is not reinstated then this could be in ODX's favour, as it removes any right for DHSC to restrict third party sales.